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Kenya decisions
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Abdalla & another v Seyoum [2025] KEHC 2020 (KLR)
The High Court partly allowed an appeal over vehicle clearance and demurrage, finding an agency relationship and lien issues but rejecting joint liability for all defendants.
Brown (Suing on his own behalf and as Administrator of the Estate of Sharon Brown & Catherine Brown) v Castle Forest Lodge Limited & 2 others; Createc Consultancy (Objector); Dancy Auctioneers (Auctioneer) [2022] KEHC 16175 (KLR)
The court found that the objector, Createc Consultancy, failed to demonstrate a valid legal or equitable interest in the attached assets sufficient to defeat execution. The agreements relied upon, including the consultancy, loan, and lien agreements, did not confer ownership but only purported to create a lien. Under Kenyan law, a lien is a possessory right and requires the lienholder to have actual possession of the assets, which was not the case here as the assets remained with the judgment debtor. The agreements also attempted to confer rights not recognized by law, such as a right of sale…
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